Florida Marijuana Laws

On marijuana laws, Florida is a study in contrasts. Florida law still classifies cannabis as a Schedule I drug, yet the state has a thriving, popular, and legal medical marijuana program. Recreational marijuana is illegal, yet many Florida municipalities issue citations instead of arrest warrants for minor cannabis possession violations.

While the governor of Florida is a staunch opponent of marijuana legalization, it's the voters who will decide in November 2024 whether adult recreational personal use cannabis should be legal in the state. With the potential of huge changes on the horizon, it's more important than ever to understand Florida marijuana laws.

In this article, we'll examine how Florida's medical cannabis program works, the penalties you can face for violating state marijuana laws, and what the future of adult recreational use of marijuana here might be.

Marijuana Laws in Florida

Possession of marijuana in Florida that isn't for medical use is illegal. As of May 2024, marijuana still carries a Schedule I drug classification, which is the same as it has on the federal level. Given that Schedule I drugs are said to have "no medicinal value," but Florida has a robust medical marijuana system, this is a contradiction.

Regardless, possession of cannabis in Florida by someone who is not part of the Marijuana Medical Use Registry (MMUR) is a crime. Even first-time offenders can face fines and jail time for simple possession. Even a minor charge can become a blight on your legal record, so consider seeking a skilled criminal defense attorney if you find yourself in trouble.

While you should do everything possible to mitigate risk, some parts of the state have chosen to take a decriminalization approach instead. For example, if you're guilty of simple possession of small amounts of marijuana in Orlando and are a first-time offender, law enforcement can give you a citation and a $100 fine instead of charging you. It's still better to err on the side of caution and not carry in public, if possible.

While some states allow medical marijuana patients to grow cannabis plants for personal use, Florida is not one of them. Having marijuana plants on your property may expose you to trafficking and other felony charges.

Florida Ballot Initiative

In November 2024, Florida Amendment 3 is on the ballot. After the Florida Supreme Court voided a legalization initiative in 2022, Smart and Safe Florida gathered over 900,000 valid signatures to qualify for the 2024 ballot. The initiative proposes the following:

• Recreational marijuana legal for those 21 or older
• Possession of up to three ounces of marijuana (85 grams), with up to five grams in the form of concentrate
• Existing Medical Marijuana Treatment Centers would sell recreational marijuana products
• The Florida State Legislature could allow more licenses for cultivators and dispensaries

The Florida Legislature will also be able to enact further laws to regulate the adult-use system. This initiative won't supersede the federal prohibition on cannabis, allow cultivation, or expunge prior convictions.

The laws on legal marijuana may be forever changed in the state of Florida. The initiative needs 60% of voters to vote yes to pass the amendment.

Medical Marijuana in Florida

Absent approval of Amendment 3, the only legal way to buy, possess, and use cannabis in Florida is to be a medical marijuana patient. Medical marijuana use became legal after the passage of Florida Amendment 2 in 2016. There is an annual fee of $75 to renew your Medical Marijuana Use Registry Identification Card. Find more information at the Office of Medical Marijuana Use (OMMU) site.

Qualified medical marijuana patients can buy products at state-registered Medical Marijuana Treatment Centers. Some will even deliver your order. To become a qualified patient in the state, you must be:

• A permanent or seasonal (31 consecutive days in-state) Florida resident
• Diagnosed with a qualifying medical condition by a qualified physician
• Entered into the Medical Marijuana Use Registry
• Able to get a Medical Marijuana Use Registry identification card

Caregivers can also get a medical marijuana card and make medical marijuana purchases. Physician can get certification to write prescriptions for medical marijuana through a state course. Qualifying medical conditions include:

• Multiple sclerosis (MS)
• Amyotrophic lateral sclerosis (ALS)
• Cancer
• Post-traumatic stress disorder (PTSD)
• Crohn's disease
• Epilepsy
• Glaucoma
• HIV/AIDS
• Parkinson's disease
• Similar medical conditions
• Terminal condition diagnosed by a different physician than the prescribing doctor
• Chronic nonmalignant pain (conditional)

Physicians must renew prescriptions every seven months. The amount of marijuana patients can buy is broken up into either 35- or 70-day supply limits. Some examples are:

• Marijuana (smoking): 2.5 oz. per 35 days (2.025 grams daily)
• Edibles: 60 mg of THC daily/ 4,200 mg per 70 days
• Vaporized products (vapes): 350 mg of THC daily/ 24,500 mg per 70 days
• Tinctures: 200 mg of THC daily/ 14,000 mg per 70 days

CBD products with low THC are also available.

Florida Marijuana Law Penalties

The table below lists some of the charges you may face for marijuana law violations in Florida. Keep in mind that driving under the influence of marijuana will carry the same punishments as an alcohol-caused DUI. For a deeper dive into the statutes surrounding cannabis, take a look at FindLaw's Cannabis Law section.

Note: State laws are subject to change through the passage of new legislation and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any particular state law(s) you are reviewing.

More Information on Florida Marijuana Laws

• Federal Marijuana Laws
• State Marijuana Laws
• Medical Marijuana: An Overview
• Marijuana Legalization and Decriminalization Overview
• Supply Limits for Medical Marijuana in Florida

Charged Under Florida Marijuana Laws? Get Legal Help

Marijuana remains a controversial topic across the country, and recreational use remains illegal under Florida and federal law. If you or someone you love has been arrested for a marijuana-related crime or want more information surrounding medical marijuana in Florida, your best move is to contact an experienced criminal defense attorney near you today.